[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Rules and Regulations]
[Pages 65431-65432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26849]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2010-0077]
Change in Disease Status of Japan Because of Foot-and-Mouth
Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations governing the importation of
certain animals, meat, and other animal products by removing Japan from
the list of regions considered to be free of foot-and-mouth disease
(FMD) and also from the list of FMD-free regions that are subject to
certain import restrictions on meat and meat products because of their
proximity to or trading relationships with FMD- or rinderpest-affected
countries. We are taking this action because the existence of FMD has
been confirmed in Japan. This action restricts the importation of
ruminants and swine and the fresh meat and other animal products of
ruminants and swine from that country and is necessary to prevent the
introduction of FMD into the United States.
DATES: This interim rule is effective October 25, 2010. However, we are
imposing this restriction retroactively to April 20, 2010. We will
consider all comments that we receive on or before December 27, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0077 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2010-0077, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2010-0077.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Kelly Rhodes, Senior Staff
Veterinarian, Regionalization Evaluation Services--Import, National
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38,
Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
Foot-and-mouth disease (FMD) is a severe and highly contagious
viral infection affecting cloven-hoofed ruminants, including cattle,
deer, goats, sheep, swine, and other animals. The disease is highly
communicable and is characterized by fever and blister-like lesions on
the tongue and lips, in the mouth, on the teats, and between the
hooves. It causes severe losses in the production of meat, milk, and
other dairy products. Although many animals survive the disease, it
leaves them debilitated. FMD is endemic to more than two-thirds of the
world and is considered to be widespread in parts of Africa, Asia,
Europe, and South America. Because of the highly communicable nature of
FMD, it is necessary to protect livestock that are free of the disease
from any animals, animal products, or other articles that might be
contaminated with the FMD virus.
Although FMD was eradicated in the United States in 1929, the virus
could be reintroduced by a single infected animal, animal product, or
person carrying the virus. Once introduced, FMD can spread quickly
through exposure to aerosols from infected animals, direct contact with
infected animals, contact with contaminated feed or equipment,
ingestion of animal products, or contact with humans harboring the
virus or carrying the virus on their clothing.
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation of certain animals and animal
products into the United States in order to prevent the introduction of
various animal diseases, including rinderpest and FMD. Section 94.1 of
the regulations lists regions of the world that are considered free of
rinderpest and FMD. Japan has been listed in Sec. 94.1 as a region
considered free of rinderpest and FMD. Section 94.11 lists regions of
the world considered free of rinderpest and FMD but from which the
importation of meat and other animal products into the United States is
subject to additional restrictions because of those regions' proximity
to or trading relationships with FMD-affected regions. Japan has been
listed in Sec. 94.11 as one of the regions from which meat and other
animal products of ruminants and swine are subject to additional
restrictions.
On April 20, 2010, the Ministry of Agriculture, Forestry, and
Fisheries of Japan reported an outbreak of FMD in that country to the
World Organization for Animal Health (OIE). In response, APHIS
administratively issued temporary restrictions on commodities from
Japan that could harbor FMD virus. Since that date, Japan has reported
FMD on a total of 292 premises. No new cases have been diagnosed since
July 4, 2010. We are amending the regulations in Sec. 94.1(a)(1) to
remove Japan from the list of regions free of rinderpest and FMD and
are amending the regulations in Sec. 94.1(a)(3) to add Japan to the
list of regions free of rinderpest. We are also amending the
regulations in Sec. 94.11 to remove Japan from the list of regions
considered free of rinderpest and FMD but from which the importation of
meat and other animal products of ruminants and swine into the United
States is subject to additional restrictions.
Additionally, we are making a nonsubstantive change to Sec. 94.27
to clarify our intent regarding that section. The provisions of Sec.
94.27 allow the importation from Japan of whole cuts of boneless beef
derived from cattle that meet specified conditions to mitigate the risk
of introducing bovine
[[Page 65432]]
spongiform encephalopathy (BSE) into the United States. The
introductory text in Sec. 94.27 indicates that beef meeting the
conditions of that section is eligible for importation into the United
States, notwithstanding any other provisions of part 94. Interpreted
literally, that wording would supersede the prohibitions being imposed
by this interim rule with regard to FMD. However, that is not our
intent. When Sec. 94.27 was added to the regulations in 2005, the
intent behind the ``notwithstanding'' wording was to reflect our
determination that qualifying beef from Japan could be safely imported
into the United States with regard to BSE, even though Japan was listed
in Sec. 94.18 as a country in which BSE exists. To clarify that
intent, we are revising the introductory text of Sec. 94.27 to
indicate that section is applicable notwithstanding any provisions of
Sec. 94.18. However, any other applicable restrictions set forth in
part 94 still apply and the importation of any fresh beef from Japan is
prohibited as long as Japan is not listed as a country free of FMD.
Although we are removing Japan from the list of regions considered
free of rinderpest and FMD, we recognize that the Ministry of
Agriculture, Forestry, and Fisheries of Japan has responded to the
detection of FMD by imposing restrictions on the movement of ruminants,
swine, and ruminant and swine products from FMD-affected areas; by
conducting heightened surveillance activities; and by initiating
measures to eradicate the disease. As noted above, no new cases of FMD
have been diagnosed in Japan since July 4, 2010. We intend to reassess
this situation at a future date in accordance with the standards of the
OIE. As part of that reassessment process, we will consider all
comments received on this interim rule. The future reassessment will
determine whether we can restore Japan to the list of regions in which
FMD is not known to exist.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
introduction of FMD into the United States. Under these circumstances,
the Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this rule effective less than
30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This interim rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. This
interim rule is not expected to have an immediate or significant
economic impact on small entities producing beef and swine products in
the United States. As cattle and swine in Japan are culled due to the
FMD outbreak there and supplies of beef and pork products become
tighter in Japan, there may be an increase in the demand for U.S. beef
and pork products. With regard to imports, beef imported from Japan is
a unique product that serves a high-priced specialty market. Although
entities that purchase beef from Japan will be affected by this rule,
farms in the United States that raise cattle for this type of beef may
benefit from the prohibition on imports of beef from Japan. We invite
comment on our full economic analysis, which is posted with this
interim rule on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov) and may also be obtained
from the person listed under FOR FURTHER INFORMATION CONTACT.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has retroactive
effect to April 20, 2010; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
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Accordingly, we are amending 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE
VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
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1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
94.1 [Amended]
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2. Section 94.1 is amended as follows:
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a. In paragraph (a)(2), by removing the word ``Japan,''.
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b. In paragraph (a)(3), by adding the word ``Japan,'' immediately
before the word ``Namibia''.
94.11 [Amended]
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3. In Sec. 94.11, paragraph (a) is amended by removing the word
``Japan,''.
Sec. 94.27 [Amended]
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4. In Sec. 94.27, the introductory text is amended by removing the
words ``Notwithstanding any other provisions of this part,'' and adding
in their place the words ``Notwithstanding the provisions of Sec.
94.18,''.
Done in Washington, DC, this 19th day of October 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-26849 Filed 10-22-10; 8:45 am]
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